National
‘Don’t Ask, Don’t Tell’ is dead
Calif. court ruling means gays can serve openly
A federal appellate court in California on Wednesday overturned a stay on an injunction that had barred the U.S. government from enforcing “Don’t Ask, Don’t Tell,” allowing gay service members to start serving openly in the armed forces.
In the case of Log Cabin Republicans v. United States, a three-judge panel of the U.S. Ninth Circuit Court of Appeals granted the plaintiffs’ request to lift the stay of the injunction that was put in place last year by a U.S. district judge.
“Appellee/cross-appellantโs motion to lift this courtโs November 1, 2010, order granting a stay of the district courtโs judgment pending appeal is granted,” the decision states.
The decision to lift the stay on the “Don’t Ask, Don’t Tell” injunction comes from a three-judge panel within the Ninth Circuit made up of Chief Judge Alex Kozinski and Circuit Judges Kim Wardlow and Richard Paez.
After ruling in September that “Don’t Ask, Don’t Tell” was unconstitutional, U.S. District Judge Virginia Phillips put an injunction in place to halt the enforcement of the military’s gay ban. The injunction lasted for eight days until the Ninth Circuit placed a stay on the order upon request from the Justice Department, making gays once again unable to serve openly in the military.
The ruling on Wednesday reverses this decision and once again allows for open service. The Ninth Circuit must still decide on the constitutionality of “Don’t Ask, Don’t Tell,” but until it does, the anti-gay law will no longer be enforced.
Cynthia Smith, a Defense Department spokesperson, said the Pentagon is studying the decision with the Justice Department, but will comply with the court order and take “immediate steps to inform the field of this order.”
“In the meantime, implementation of the [‘Don’t Ask, Don’t Tell’] repeal voted by the Congress and signed into law by the president last December is proceeding smoothly, is well underway, and certification is just weeks away,” Smith added.
The panel’s decision, dated July 6, notes that the U.S. government never asserted “Don’t Ask, Don’t Tell” was constitutional in briefs seeking to uphold the statute. Further, the appellate court notes U.S. Attorney General Eric Holder’s announcement in February that the Obama administration determined that the Defense of Marriage Act โ and laws related to sexual orientation โ are unconstitutional.
“Appellants/cross-appellees state that the process of repealing [‘Don’t Ask, Don’t Tell’] is well underway, and the preponderance of the armed forces are expected to have been trained by mid-summer,” the decision states. “The circumstances and balance of hardships have changed, and appellants/cross-appellees can no longer satisfy the demanding standard for issuance of a stay.”

R. Clarke Cooper, executive director of the Log Cabin Republicans (Washington Blade photo by Michael Key)
R. Clarke Cooper, executive director of Log Cabin Republicans, which brought the case to court, said the Ninth Circuit’s decision to lift the stay “removes all uncertainty” for gay service members who are “no longer under threat of discharge as the repeal implementation process goes forward.”
“As a captain in the United States Army Reserve, I have observed the reactions of my colleagues to the Department of Defenseโs move toward open service, and can say with complete confidence that our military is ready, willing and able to take this step,” Cooper said. “Log Cabin Republicans are proud of our role in ending this unconstitutional and un-American policy once and for all.”
Alex Nicholson, executive director of Servicemembers United and the sole military veteran plaintiff in the lawsuit, praised the decision for bringing about an end to “Don’t Ask, Don’t Tell” at a time when certification is still outstandingย to end the military’s gay ban legislatively.
“With the wait for certification dragging out beyond a reasonable time frame, the court has once again stepped in to require the Pentagon to stop enforcing ‘Don’t Ask, Don’t Tell,’ and this time it very well may be for good,”ย Nicholson said. “I am proud to have worked personally worked with Log Cabin on this case for more than five years now and to have represented the gay military community as the sole named veteran on this lawsuit. Despite the criticisms and years of waiting, this case has yet again successfully eviscerated this outdated, harmful, and discriminatory law.”
Under the repeal law signed in December, “Don’t Ask, Don’t Tell” won’t be off the books until 60 days pass after the president, the defense secretary and the chair of the Joint Chiefs of Staff certify the military for open service. Although training throughout the military has been underway since February, certification has yet to take place.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said the lifting of the stay is “most welcomed” and could have been avoided if the president and defense leaders had certified repeal at an earlier time.
“Itโs the hope of Servicemembers Legal Defense Network that this favorable ruling will not be challenged by the Defense Department,” Sarvis said. “In fact, this whole matter could have been avoided had we had certification back in the spring. Itโs time to get on with that important certification, end the confusion for all service members, and put a final end to this misguided policy.โ
Dan Woods, an attorney with White & Case LLC who’s handling the case for Log Cabin, said the Justice Department can appeal the lifting of the stay to either the full Ninth Circuit or the Supreme Court.
“I have no idea what the government’s going to do,” Woods said. “And really they shouldn’t have appealed in the first place and they shouldn’t take this any further. They just should acknowledge, once and for all, that ‘Don’t Ask, Don’t Tell’ is dead.”
A White House spokesperson deferred comment on the Ninth Circuit decision to the Justice Department and the Pentagon.
Woods warned gay service members not to come out until the government makes an announcement and whether or not it plans to appeal the decision to lift the stay on the injunction.
“I’m urging people to sort of wait and see what the government does before people come out, but people should stayed tuned and see what the government’s next move is and maybe people will be free to serve openly in the armed forces very soon,” Woods said.
In addition to lifting the stay, the appellate court also grants the plaintiff’s request to expedite oral arguments in the case and states the case should be calendared for the week of Aug. 29.
Woods said the continued oral arguments โ even with the injunction in place โ are necessary because the litigation in the Log Cabin lawsuit is still ongoing.
“The only thing that’s really been decided is that the stay of the injunction,” Woods said. “The government is still arguing in its appeal that the injunction. It’s arguing that Log Cabin doesn’t have standing to bring the case and things like that, and we wanted to put these issues to bed once and for all and so we asked the court for an expedited hearing on all these other issues.”
NOTE: This post has been updated.
North Carolina
Authorities investigate officer-involved shooting outside Asheville gay bar
Incident took place near Shakey’s on Wednesday
An officer-involved shooting outside of a gay dive bar, Shakeyโs, in downtown Asheville, N.C., left one man dead Wednesday.
The bar released a statement the following morning regarding the incident, stating that bar staff had asked a patron to leave earlier in the night citing concerning behavior. The bar said that later the man was spotted with a gun in the parking lot.
The bar proceeded to call 911, locked the doors to the establishment, and followed dispatcher instructions on how to keep patrons of the bar safe while officers arrived. These protocols included getting patrons away from the windows and staying low to the ground.
According to Shakeyโs, shots were fired outside of the business. When the Asheville Police Department officers arrived, they fired back. The individual died from their injuries, according to the police.
โBecause of everyone’s quick actions, cooperation, and concern for one another, every customer and every employee inside Shakey’s made it home safely. We are incredibly thankful,โ Shakeyโs said on their Instagram page. They thanked Asheville police, emergency dispatchers, EMS, and all first responders who were on scene.
On Thursday, a spokesperson for the North Carolina State Bureau of Investigation, Chad Flowers, stated that the suspect involved in the shooting was Arturo Castillo Palomar.
The Washington Blade reached out to the North Carolina State Bureau of Investigation for a comment regarding the possibility of the event being considered a hate crime. They said the issue is currently under investigation and that the findings would be turned over to the district attorney for review.
Pentagon
Hegseth announces testosterone initiative as trans troop ban continues
SPARTA Pride criticized Pentagon policy
The U.S. military will begin testing and treating service members with hormone therapy despite banning similar medical care for transgender service members.
Defense Secretary Pete Hegseth said Wednesday that troops ages 30 and older will be subject to annual testosterone screenings, while younger service members will have the option to voluntarily opt in. Some troops may then be recommended for hormone therapy, he explained in a video posted to social media.
“Under the supervision of our world-class medical professionals, warfighters age 30 and older are going to be tested annually as part of their periodic health assessment,” Hegseth said in a video posted to X, captioned “The High-T Department of War.”
This push to test testosterone levels, as the hormone is commonly referred to as “T,” runs counter to current medical guidelines. Physicians are generally advised to discuss testosterone therapy only with men who have symptoms consistent with low testosterone and documented low hormone levels on two separate blood tests.
Testosterone is a vital sex hormone that all humans naturally produce. It helps regulate muscle mass, bone density, and sex drive. In men, it is primarily produced in the testicles, while in women it is produced in the ovaries and adrenal glands.
Natural testosterone levels in men decline with age and have long been associated with issues such as erectile dysfunction, low libido, mood changes, and weight gain. However, experts continue to debate whether these conditions should routinely be treated with testosterone therapy.
Hegseth’s announcement aligns with other actions taken by the Trump-Vance administration โ including efforts by Health Secretary Robert F. Kennedy Jr. โ to make testosterone therapy more accessible for men, particularly those assigned male at birth.
Last month, the Food and Drug Administration proposed easing prescribing restrictions on testosterone gels, pills, patches, and injections following a December advisory panel that recommended reducing regulatory hurdles to expand access to testosterone therapy.
Currently, FDA labeling specifies that these medications are approved only for men with hypogonadism, a medical condition that causes abnormally low testosterone levels.
The announcement came as a shock to many LGBTQ advocates because Hegseth and the Defense Department have cited the use of hormone therapy by trans service members as justification for their dismissal under President Donald Trump’s 2025 executive order, “Prioritizing Military Excellence and Readiness.“
The Pentagon continues to pursue implementation of the trans military ban as litigation proceeds. As a result, many trans service members have had their gender-affirming medical care halted, even as similar hormone therapy is now being expanded for cisgender service members. Under the executive order, the military currently disqualifies individuals diagnosed with gender dysphoria and has begun formal administrative separation proceedings for trans personnel.
SPARTA Pride, a nonpartisan nonprofit organization made up of trans service members, veterans, and their allies, issued a statement to the Washington Blade following Hegseth’s announcement.
“If hormone therapy helps warfighters perform at their best, then it cannot simultaneously be used as evidence that transgender service members are unfit to serve,” said Kara Corcoran, executive director of SPARTA Pride. “The same class of evidence-based medical treatment cannot be characterized as readiness-enhancing for one group and readiness-destroying for another.”
The legal fight over trans military service remains ongoing.
On June 1, the U.S. Court of Appeals for the D.C. Circuit ruled that trans service members already serving in the military could continue to do so, while allowing the armed services to continue refusing to enlist new trans recruits.
The Blade reached out to the Pentagon to ask why cisgender service members could receive hormone therapy while trans service members could not, but did not receive a response by the time of publication.
National
Democrats are trying to disqualify trans candidates. Hereโs how
Jordan Korgood suspended Mass. Governorโs Council candidacy after opponent questioned residency
Uncloseted Media published this article on July 14.
By HOPE PISONI | Jordan Korgood has come a long way. In 2023, she ran into financial difficulties while studying at Northeastern University in Boston and ended up unhoused. Ordinary shelters areย hotbeds of discrimination and mistreatmentย for transgender women like her, and the onlyย trans shelterย was full. So for five months, she slept in her car, in public libraries and anywhere she could find in order to continue her studies and campus activism.
Korgood, now 24, started a bid in March for a seat on Massachusetts Governorโs Council, a state board tasked with approving judicial candidates. Despite running against an incumbent who has been in office for 41 years, she secured key endorsements from local Democrats and racked up more than 7,000 Instagram followers, the equivalent of nearly one-tenth of primary voters during the last election cycle.
But last month, her momentum was ripped away. It started when Ronald Iacobucci, one of her opponents, noticed that she was still registered to vote in the 2024 election with an old New York address. He proceeded to file an objection with the state, alleging that Korgood didnโt meet the five-year residency requirement. While Korgood has lived in Massachusetts since 2019, she didnโt have a valid address to register in the state while she was unhoused. So she used her motherโs address, where she had lived before moving.
In an email to Uncloseted Media, Iacobucci wrote: โBecause serious questions have arisen concerning compliance with those requirements, an objection was appropriate so the matter can be reviewed through the lawful process established by the commonwealth. This objection was nothing personal, it was always about the integrity of the process.โ
While most residency challenges like thisย failย in Massachusetts, the State Ballot Law Commission disqualified Korgood on June 18. While she initially attempted to appeal the decision, the financial and logistical burden became too much โ she estimates it drained about 40 percent of her campaign funds. So on July 10, Korgoodย suspended her campaign.
โI am incredibly frustrated that this is what I have to do at this point,โ Korgood told Uncloseted Media. โIโve spent thousands of hours, Iโve sacrificed my own mental health, my social life, friendships, my professional aspirations and advancement to work on this campaign, and this is how theyโre ruling.โ
โThese are cherry-picking remote issues to target specific individuals,โ Eliot Tracz, assistant professor of law at New England Law Boston, told Uncloseted Media. โTheyโre legitimate laws, but what theyโre looking for is a selective application.โ
Korgood isnโt the only trans candidate facing barriers. While aย 2025 reportย by the LGBTQ+ Victory Institute found that trans representation among elected officials has increased by over 700 percent since 2017, candidates still face major hurdles.
Uncloseted Media found examples of trans candidates running for public office in Ohio and Michigan who have been threatened with disqualification over challenges to their eligibility. Often, the challenges come from their primary opponents: fellow Democrats.
โIt should be voters, not political opponents, who decide who represents them,โ Daniel Hernandez, vice president of political programs at the LGBTQ+ Victory Fund, a nonprofit supporting queer candidates for public office, told Uncloseted Media. โThis is not a legitimate way to fight โ if you have a disagreement on policy, thatโs one thing, but to try and target trans people just because of who they are is completely unacceptable, especially in a Democratic primary.โ
A growing strategy
The first widely publicized eligibility challenge against a trans candidate Uncloseted Media identified took place in Stark County, Ohio, in 2024. The Stark County Board of Elections, which has the same chairman as the countyโs Democratic Party, disqualified Vanessa Joy, a trans woman who was running for a seat in the state legislature. The board cited an obscure state law requiring candidates who changed their name in the last five years to list their former name on candidacy petitions โ in Joyโs case, her deadname.
โThe original spirit of the law I kind of agree with,โ Joy told Uncloseted Media. โBut thereโs hardly any information about this law ever being enforced.โ
Days later, Arienne Childrey and Bobbie Arnold, two other trans candidates, had their eligibility challenged based on this law. While both candidates were cleared to run, that wasnโt the case for Joy, who never made it on the ballot.
Tom Sutton, a political science professor at Baldwin Wallace University, toldย Spectrum News 1ย he had never seen this law enforced in his 30 years of study. At the time, the relevant forms didnโt include a space to list former names, an omission that has since beenย corrected.
โThe only way to find out about it was to dig deep into all of the additional documents on their website,โ says Joy. โThey used this law against me.โ
Similar challenges cropped up in Michigan this year. Joanna Whaley, a trans woman running for a seat in the state legislature, faced a legal complaint from her Democratic primary opponent Frank Liberati, who claimed in April that she should have filed campaign paperwork under her deadname.
โBecause both the original and amended affidavits of identity filed by โJoanna Michelle Whaleyโ contain FALSE statements, she/he cannot be certified to appear on the Aug. 4, 2026, primary election ballot,โย the complaint argues.
The county clerk denied the challenge, which deadnames Whaley, because she had legally changed her name. Liberatiโs complaint was widely condemned, with the Michigan Legislative LGBTQ+ Caucus calling it โmeritlessโ and โtransphobic.โ
โIt completely backfired on him,โ Whaley told Uncloseted Media. โWe tripled our cash on hand within a week because of the support that weโve gotten from our community, and actually are in a stronger position now to win this race.โ
While Whaley benefited from the challenge, thatโs not the norm. Toni Mua, a trans woman running for a seat in the Michigan legislature, received a complaint from political activist Robert Davis in April who alleged that she also should have run under her deadname.
One of Muaโs opponents, Democrat Arthur Harrington, had discussed the challenge with Davis before it was filed, according to DeNiro Jones, Harringtonโs former campaign manager. Jones told Uncloseted Media he sat in on a meeting between the two where they discussed the plan.
Jones also sent Uncloseted Media a screenshot of what he says is a text thread that Harrington sent him. In the screenshot, Davis tells Harrington, โThe transgender candidate will be eliminated,โ and Harrington responds that โToni also wonโt have the money to fight it.โ Those texts were from April 22, two days before Davis filed the challenge.
In an email to Uncloseted Media, Davis called this story โbaseless and meritlessโ and referred to Mua as โan illegitimate candidate seeking attention.โ
โA candidate who happens to identify as transgender clearly violated Michigan Election Law and should not have been allowed to appear on the ballot,โ Davis wrote. โA personโs sexual orientation nor identity played no part in the litigation seeking to have the person who filed a false affidavit of identity properly removed from the ballot.โ
Arthur Harrington did not reply to multiple requests for comment. But in a June statement to Michigan Advance, he denied allegations that he was involved in Davisโs challenge.
These legal fights cost a lot. Korgood paid her lawyer $5,000. And while Mua defeated her challenge, she also had to use an estimated 40 percent of her campaign funds, or $10,000, to fight it.
In its opinion rejecting Davisโs challenge of Muaโs candidacy, the state court of appeals wrote, โPlaintiff misreads the statute โฆ The Court of Claims did not err by concluding that Mua complied with the law or that the Wayne County Clerk did not err in rejecting plaintiffโs challenge.โ
โI had to leave my job to run for this open seat,โ Mua told Uncloseted Media. โIt truly pisses me off, because [Democrats] have always said that they were better than this, and itโs showing truly where their support lies.โ
Quinn Allred, executive director at Let Us Lead, a youth-focused voting rights nonprofit, finds these eligibility challenges from Democrats โdespicable.โ
โInstead of saying โtrans people shouldnโt be running,โ [theyโre entering] into this respectability politics and saying โoh, itโs actually because the names donโt match up, or itโs because of this residency law,โโ Allred told Uncloseted Media. โ[Itโs a] special brand of cowardice that it takes for a Democrat to target a queer person who is also running for office.โ
Uneven enforcement
While challenges to candidatesโ residency arenโt uncommon in Massachusetts, theyย usually fail, according to Western Mass Politics & Insight, a long-running blog by local political and legal analysts.
The blog says most officials with authority over elections have a โgreat reluctance โฆ to remove an individual from the ballot.โ This makes Korgoodโs removal unusual.
And while the State Ballot Law Commission says it considers many factors when determining a candidateโs residency and โno factor standing alone can be dispositive,โ it largely cited Korgoodโs voter registration in its decision despite other evidence that supports her eligibility, including apartment leases and membership in city programs.
โWhile thereโs an undertone of legitimacy to some of those claims, itโs very selective,โ Tracz says. โMost of us, when we move to a new state, donโt bother to go through the process of getting rid of our registration to vote in the prior state.โ
Throughout history, Massachusetts candidates who faced similar challenges have been left on the ballot. These include former Massachusetts Gov. Mitt Romney, who received a tax credit in Utah reserved for primary residences, and Brockton, Mass., mayoral candidate Hamilton Rodrigues, who had gotten his voter registration in Brockton removed and hadnโt voted in the city for over 10 years.
Months after Joyโs disqualification in Ohio, the Mahoning County Board of Elections struck down a similar challenge against Republican Tex Fischer, a cisgender man who changed his legal name. They allowed him to stay on the ballot.
Tracz says a judge would likely find selective enforcement like this questionable.
โ[That rule is] applicable to any candidate, and the question then becomes โIs this only being enforced against a select group of candidates?โโ he says. โWhy are we only investigating a specific type of candidate? I think that will give some courts pause.โ
Making existing challenges worse
Trans candidates face hurdles beyond eligibility challenges. A June report from the LGBTQ+ Victory Institute found that nearly two-thirds of LGBTQ candidates face in-person harassment and nearly 80 percent of them face online harassment.
โWhether itโs threats of violence, coordinated harassment campaigns, attempts to remove people from the ballot, the cumulative effect is the same: public service becoming more difficult and less accessible to the LGBTQ community,โ says Hernandez of the Victory Fund.
Whaley says the increased attention from Liberatiโs challenge brought even more harassment her way. She says she reports death threats to the police weekly and has a security detail at every public appearance. Security has become her second-largest campaign expense, and for good reason; in October, her team intervened when a man wearing a Make America Great Again hat followed her around with a gun at a No Kings rally.
โAt the end of the day, I want to get home to tuck my kids in bed,โ Whaley says. โWe could be using that money for other things, but weโre having to use it to just keep me alive.โ
Eligibility challenges distract from the candidatesโ policies. Childrey remembers one woman telling her she couldnโt vote for her because sheโs โonly about the rainbow people.โ
โMost of what [Iโm] talking about is affordability, funding for our public schools … bread and butter issues,โ Childrey told Uncloseted Media. โThere is an assumption, because weโre trans, that thatโs all it is.โ
Barriers also pile up intersectionally.ย Nearly one-thirdย of trans people experience homelessness at some point in their lives, a rate eight times higher than the general population. This means barriers for unhoused people disproportionately affect trans candidates.
โTrans youth, trans people of color, students, those who are unhoused like [Korgood] was, or who are disabled or low-income โ those barriers only compound,โ Allred says.
What could change?
Zein Murib, a political science professor at Fordham University, says these incidents demonstrate the need for more leniency with official documentation, arguing that a candidateโs deadname or legal sex arenโt relevant information. Today, 45 states accept common-law names, or the name a person uses in everyday life regardless of their ID, for other legal procedures, and Whaley says this should apply to campaigns as well.
Besides these policy changes, Allred says LGBTQ advocacy groups should allocate more funds to defend trans candidates from eligibility challenges. And Hernandez says that more people should condemn these tactics and show support for those targeted.
โWe need to make sure that we set the expectation that everyone โฆ is rejecting these tactics that are disproportionately burdening our trans candidates,โ he says. โWe have to call it out when we see it, and we have to make sure that we are not just letting candidates fight these fights themselves.โ
Mua says that she doesnโt see a future for herself or other trans people with the Democrats unless the party stands up for them. โI refuse to put myself into a party where I donโt see my safety and protection being vital.โ
While Korgood says she is saddened by this outcome, she doesnโt intend for her political career to end.
โIโm incredibly proud of what we were able to accomplish, and while I am beyond disappointed and frustrated that this is how this is ending, I am so grateful that I earned the support and the attention of thousands of people in this race.โ
Uncloseted Media also reached out to the Stark and Mahoning County Boards of Elections as well as the office of the Secretary of State in Ohio, and the Elections division of the Secretary of the Commonwealth of Massachusetts, under which the State Ballot Law Commission serves. None replied.
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